1. A. An impartial hearing officer in the Office of Appeals shall conduct all hearings.

2. B. The hearing officer shall:

   1. 1. Administer oaths and affirmations;
   2. 2. Regulate the conduct and course of the hearing consistent with due process to insure an orderly hearing;
   3. 3. Consider all relevant issues;
   4. 4. Request, receive, and admit into the record all evidence determined necessary to decide the issues being raised;
   5. 5. Order, where relevant and useful, an independent medical assessment or professional evaluation from a source mutually satisfactory to the household and the Department. The hearing officer shall decide on the source of the medical assessment or professional evaluation when the household and the Department are unable to agree on a mutually satisfactory source. The Department shall pay for the medical assessment or professional evaluation when such services are not available to the household as part of the household’s current health insurance coverage;
   6. 6. As provided under 7 CFR 273.15(m)(2)(vi), render a hearing decision and issue a written decision reversing, affirming, modifying or remanding the agency’s decision; and
   7. 7. Issue subpoenas under R6-14-409.

Historical Note

New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for 180 days (Supp. 18-3). Emergency renewed at 24 A.A.R. 3591, effective January 2, 2019 for an additional 180 days (Supp. 18-4). Emergency expired; new Section made by final rulemaking at 26 A.A.R. 263, with an immediate effective date of January 21, 2020 (Supp. 20-1).